Dr K Srinivasa vs The State Of Karnataka
2024 Latest Caselaw 19590 Kant

Karnataka High Court

Dr K Srinivasa vs The State Of Karnataka on 5 August, 2024

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                                                             NC: 2024:KHC:30848
                                                            WP No. 8032 of 2023




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                          DATED THIS THE 5TH DAY OF AUGUST, 2024
                                            BEFORE
                            THE HON'BLE MR JUSTICE R. NATARAJ
                          WRIT PETITION NO. 8032 OF 2023 (S-RES)
                   BETWEEN:

                   DR. K SRINIVASA,
                   AGED ABOUT 59 YEARS,
                   PRESENTLY WORKING ASSISTANT PROFESSOR
                   DEPARTMENT OF HISTORY,
                   D BANUMAIAH'S COLLEGE OF COMMERCE & ARTS,
                   NEW SAYYAJI RAO ROAD, MYSURU 570 004.
                   RESIDING AT:
                   K SRINIVASA,
                   S/O LATE V KRISHNAPPA,
                   NO 402/C, 3RD MAIN,
                   5TH CROSS, 2ND STAGE,
                   M BLOCK, KUVEMPU NAGARA,
                   MYSURU 570 023.
                                                                    ...PETITIONER
                   (BY SRI. SATEESH N KOTTALAGI., ADVOCATE FOR
                       SRI. SRIKANTH M P.,ADVOCATE)

                   AND:

Digitally signed
                   1.   THE STATE OF KARNATAKA,
by                      BY ITS PRINCIPAL SECRETARY
MARKONAHALLI
RAMU PRIYA              FOR HIGHER EDUCATION DEPARTMENT,
Location: HIGH          GOVERNMENT OF KARNATAKA,
COURT OF
KARNATAKA               M S BUILDING, DR AMBEDKAR VEEDHI,
                        BANGALORE 560 001.

                   2.   THE COMMISSIONER,
                        COLLEGIATE AND TECHNICAL
                        EDUCATION DEPARTMENT,
                        SHESHADRI ROAD,
                        BENGALURU 560 001.

                   3.   REGIONAL JOINT DIRECTOR
                        COLLEGIATE EDUCATION DEPARTMENT,
                        (MAHARANI'S COLLEGE PREMISES),
                        VINOBA ROAD, MYSURU 570 005.
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                                             NC: 2024:KHC:30848
                                           WP No. 8032 of 2023



4.   THE ADMINISTRATOR,
     D BANUMAIAH'S EDUCATIONAL INSTITUTION,
     NEW SAYYAJI RAO ROAD,
     MYSURU 570 004.

5.   THE PRINCIPAL,
     D BANUMAIAH'S COLLEGE OF COMMERCE & ARTS,
     NEW SAYYAJI RAO ROAD,
     MYSURU 570 004.
                                           ...RESPONDENTS
(BY SRI.PRINCE ISAC., AGA FOR R1 TO R3;
    SRI. KALEEMULLA SHARIEF.,ADVOCATE FOR R4;
    R5 SERVED.)

      THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT
TO CONTINUE THE SERVICES OF THE PETITIONER TILL 31.07.2024
BY CHANGING THE DATE OF BIRTH OF THE PETITIONER IN SERVICE
RECORDS AS 13.7.1964 IN PURSUANCE OF THE JUDGEMENT AND
DECREE DATED 07.04.2012 PASSED BY THE I ADDL. CIVIL JUDGE
AND JMFC, MYSURU IN OS.NO.921/2011 VIDE ANNX-D AND BY
EXTENDING ALL SERVICE AND FINANCIAL BENEFITS INCLUDING
PAYMENT OF SALARY AND ETC.,


      THIS WRIT PETITION, COMING ON FOR ORDERS THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:


CORAM:    HON'BLE MR JUSTICE R. NATARAJ

                         ORAL ORDER

The petitioner has sought for the following relief:

"Direct the respondents to continue the services of the petitioner till 31.07.2024 by changing the date of birth of the petitioner in the Service Records as 13.07.1964 in pursuance of the judgment and decree dated 07.04.2012 passed by the I Additional Civil Judge & JMFC., Mysuru in O.S.No.921/2011

NC: 2024:KHC:30848

vide Annexure-D and by extending all service and financial benefits including payment of salary."

2. Records disclose that the Petitioner was due to

retire on 31.07.2023. However, he claimed that his date of

birth in SSLC Marks Card/Certificate was wrongly shown as

03.07.1963 instead of 13.07.1964. He contended that he filed

a suit in O.S.No.921/2011 for correction of his date of birth and

that the said suit was decreed in his favour. It is contended

that the State Government had filed R.A. No.239/2020 which

was allowed and against the same, the Petitioner has now filed

RSA No.1318/2023 which is still pending consideration. The

learned counsel for the petitioner therefore submits that this

petition may be disposed of reserving liberty to the petitioner to

claim his retirement benefits based on the decree that may be

passed in RSA No.1318/2023.

3. Learned counsel for respondent No.4 submits that

the petitioner was already relieved from service on 31.07.2023

and that the suit filed by the petitioner was dismissed by the

first appellate court in R.A.No.239/2020 and therefore he is not

entitled to continue in service till 31.07.2024. Even otherwise it

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is contended that, this petition has become infructuous and

may be disposed of accordingly.

4. The Petitioner had filed a suit for declaration that

his date of birth in the SSLC Marks Card/Certificate was

wrongly entered. His request for correction of his date of birth

is now seized before this Court in RSA No.1318/2023. If the

Petitioner is entitled to the said relief, then his services shall be

continued notionally till 31.07.2024 and his terminal benefits

shall be worked out accordingly.

In that view of the matter, this Petition is disposed of

reserving liberty to the petitioner to workout his remedy to

claim his retirement benefits based on the outcome of the RSA

No.1318/2023.

Sd/-

(R. NATARAJ) JUDGE Bsv